论实习生缴纳社保法律依据的缺失及对策

On Deficiency of Legal Basis for Paying Social Insurance During Students' Intership and Countermeasures

实习期间大学生因具有学生与员工的双重身份,企业一般不把其列入单位成员之内,故在缴纳社保方面无法享受与员工同等的待遇,这是现有法律依据缺失所造成的。根据这一现状,必须从完善立法、规范用工制度、加强就业指导等方面着手,切实维护实习生的合法权益。

Because of students having dual role of students and staff during the internship period, the enterprises generally do not include them within the unit members, and the students can not share the same treatment in terms of payment of social insurance, which is caused by the lack of legal basis. Under this situation,it is necessary to improve the legislative, regulate employment system, and strengthen strengthen career guidance, so the intern students legitimate rights and interests will be safeguarded effectively.